Terms of Service

Terms of service

1. ACCEPTANCE

By using and/or visiting the PornTube website (collectively, including but not limited to all Content, The Content Publishing Program, The Webmaster Program and User Submissions available through PornTube.com, "PornTube", the website) you agree to the terms and conditions set forth herein and the terms and conditions of PornTube's privacy policy incorporated herein, and all future amendments and modifications (collectively referred to as the "Agreement"). By entering, you agree to be fully bound by these Terms and Conditions. If you do not agree to be bound the Terms and Conditions contained herein, do not use the website.

The terms and conditions of this Agreement are subject to change by PornTube.com at any time at its sole discretion and you agree to be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, do not use the website.

The Terms and Conditions contained herein apply to all users of PornTube whether a 'visitor', a user, or a 'member' and you are only authorized to use the website if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.

2. DESCRIPTION

The website allows for uploading, sharing and general viewing of various types of material allowing users to share and view visual depictions of adult content, including sexually explicit images. In addition, the website contains video content, information and other material that is submitted/posted/uploaded by users. PornTube allows its users and visitors to view the content and website subject to the terms and conditions of this Agreement.

The PornTube website may also contain certain links to third party websites which are in no way owned or controlled by PornTube. PornTube assumes no responsibility for the content, privacy policies, practices or claims of any third party website. PornTube does not censor or edit the content of third party sites. You acknowledge that PornTube will not be found liable for claims arising from your use of any third-party website.

PornTube.com is for your personal use and shall not be used for commercial endeavors, except those specifically endorsed or approved by PornTube.com. Any unauthorized and/or illegal use of PornTube is prohibited, including but not limited to collecting usernames and e-mail addresses for unsolicited email or unauthorized framing or linking to the PornTube website.

3. ACCESS

In order to use this website, you must affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the website where the age of majority is greater than eighteen (18) years of age. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access the website, then you are not permitted to use the website.

PornTube takes all reasonable measures to implement filtering technologies that allow access to the website to be restricted. PornTube will not be held liable for any claims arising out of the non-use or misuse of technologies designed to restrict use of the website.

4. CONDUCT

As a user to the website, you acknowledge and agree that you shall
be responsible for your own submissions and the consequences of
posting, uploading, publishing, transmitting or otherwise making
information available on PornTube. You agree that you shall not (nor
shall others using your account): post, publish, upload, transmit or
make available in any way on PornTube, content which is illegal,
unlawful, harassing, harmful, threatening, tortuous, abusive,
defamatory, obscene, false, libelous, invasive to privacy or
intended to confuse.

You also agree that you shall not post, upload, publish, transmit
or make available in any way on PornTube software containing viruses
or any other computer code, files, or programs designed to destroy,
interrupt, limit the functionality of, or monitor, or persistently
reside in or on any computer software or hardware or
telecommunications equipment. You agree that you shall not (nor
others using your account) post, upload, publish, transmit or make
available in any way on PornTube content which is intentionally or
unintentionally violating any applicable local, state, national, or
international law, or any regulations or laws having the force of
law where you reside and elsewhere, including but not limited to any
laws or regulations relating to securities, privacy, and export
control; engage in, promote, You agree that you shall not (nor
others using your account) post, upload, publish, transmit or make
available in any way on PornTube content depicting illegal
activities, promote or depict physical harm or injury against any
group or individual, or promote or depict any act of cruelty to
animals; You agree not to use PornTube in any way that exposes
PornTube to criminal or civil liability.

You agree that PornTube shall have the right to determine in its
sole and unfettered discretion, what action shall be taken in the
event of any discovered or reported violation of the terms and
conditions contained herein.

5. INTELLECTUAL PROPERTY

The Content contained on the PornTube with the exception of User
Submissions including but not limited to the text, software,
scripts, graphics, music, videos, photos, sounds, interactive
features and trademarks, service marks and logos contained therein,
are owned by and/or licensed to PornTube, subject to copyright and
other intellectual property rights under United States, Canada and
foreign laws and international conventions.

Content on the Website is provided to you AS IS for your
information and personal use only and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners.

PornTube reserves all rights not expressly granted in and to the
Website and the Content. You agree to not engage in the use,
copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, and/or distribution of
User Submissions of third parties obtained through the Website for
any commercial purposes. If you download or print a copy of the
Content for personal use, you must retain all copyright and other
proprietary notices contained therein. You agree not to disable,
circumvent, or otherwise interfere with security related features of
the PornTube or features that prevent or restrict use or copying of
any Content or enforce limitations on use of the PornTube Website or
the Content therein.

You are hereby advised that PORNTUBE is a registered trademark and is used herein with permission. Use of the Website does not confer or transfer any permission or license to use PORNTUBE in association with any third party products or services, or grant you any rights beyond the use appurtenant with the Webmaster Program. By registering with the Webmaster Program, and/or participating in the Website, you hereby agree that you will not register any domain names containing the term(s) ‘porntube’ or any other confusingly similar term(s), including misspellings, typographical errors, phonetic changes, similar domain names containing punctuation, and the like. If you own any such domain names, you are NOT authorized to use such domain names in the Webmaster Program to otherwise direct traffic to this Website. If you subsequently register any such infringing domain name, you hereby agree that such registration is a bad faith registration and use of such domain name, and further agree that you have no legitimate use of such domain name as that domain name is similar to the registered trademark PORNTUBE. You hereby acknowledge that such use could constitute intentional infringement of the PORNTUBE trademark. By participating in the webmaster program, you agree that you will immediately transfer such domain name upon demand. Any infringement of the PORNTUBE trademark, or any other trademark of the service is cause for immediate termination of your account.

6. USER SUBMISSIONS

PornTube is a service provider that allows the submission of video
and other information through the hosting, sharing and delivery of
such user submissions. You understand that whether or not such user
submissions are published and/or uploaded, PornTube does not
guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for any and all of your own user
submissions and the consequences of posting, uploading and
publishing them. Furthermore, you affirm, represent and/or warrant
that:

you own or retain the necessary licenses, rights, consents, and
permissions to use and authorize PornTube to use all trademarks,
copyrights, trade secrets, patents, or other proprietary rights in
and to any and all User Submissions to enable inclusion and use of
the User Submissions in the manner contemplated by the Website and
these Terms of Service; and

you will not post, or allow anyone else to post, any material
that depicts any person under the age of 18 years and you have
inspected and are maintaining written documentation sufficient to
confirm that all subjects of your submissions are, in fact, over
the age of 18 years.

you have the written consent, release, and/or permission of each
and every identifiable individual person in the User Submission to
use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these
Terms of Service. For clarity, you retain all of your ownership
rights in your user submissions. By submitting your content to
PornTube, you hereby grant PornTube a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works of, display, and
perform the user submissions in connection with the PornTube
Website and PornTube's (and its successors) business, including
without limitation for promoting and redistributing part or all of
the PornTube Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each
user of the PornTube Website a non-exclusive license to access your
user submissions through the Website, and to use, reproduce,
distribute, prepare derivative works of, display and perform such
User Submissions as permitted through the functionality of the
website and under these Terms of Service. The foregoing license
granted by you terminates once you remove or delete a user
submission from the PornTube website.

In submitting material (video or other information), you further
agree that you shall not:

submit material that is protected by trade secret or otherwise
subject to third party proprietary rights, including privacy and
publicity rights, unless you are the owner of such rights or have
permission from the rightful owner to post the material and to
grant PornTube all of the license rights granted herein;

publish falsehoods or misrepresentations that could damage
PornTube or any third party;

submit material that is obscene, illegal, unlawful, defamatory,
libelous, harassing, hateful, racially or ethnically offensive, or
encourages conduct that would otherwise be considered a criminal
offense, give rise to civil liability, violate any law, or is
inappropriate;

post advertisements or solicitations of business;

impersonate another person. PornTube does not endorse any user
submission or any opinion, recommendation, or advice expressed
therein, and PornTube expressly disclaims any and all liability in
connection with user submissions.

infringe on intellectual property rights. PornTube does not
permit copyright infringing activities or the infringement of
intellectual property rights on its website. PornTube will remove
all content and user submissions if notified that such content or
user submission infringes on the intellectual property rights of
another party. PornTube reserves the right to remove content and
user submissions without prior notice or delay. PornTube will also
terminate a user's access to its website if the user is determined
to have infringed.

submit inappropriate content. While age-restricted material is
accepted, PornTube also reserves the right to decide in its sole
and unfettered discretion, whether content or a user submission is
appropriate and complies with these Terms of Service for violations
other than copyright infringement and violations of intellectual
property law, such as, but not limited to, obscene, defamatory or
inappropriate material. PornTube may remove such submissions by
users and/or terminate a user access for uploading such material in
violation of these Terms of Service at any time, without prior
notice and at its sole discretion.

You understand and acknowledge that when using PornTube.com, you
will be exposed to user submissions from a variety of sources and
that PornTube is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or related to such user
submissions. You further understand and acknowledge that you may be
exposed to user submissions that are offensive, inaccurate,
indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may
have against PornTube with respect thereto and further agree to
indemnify and hold PornTube, its owners, affiliates, operators,
and/or licensing companies harmless to the fullest extent allowed by
law regarding all matters related to your use of the website.

You agree that PornTube may at its sole discretion reserve the
right to refuse to publish, remove, or block access to any User
Submission that is available via the Website or other PornTube
network or services at any time, for any reason, or for no reason at
all, with or without notice.

PornTube provides its website to users as a service.
PornTube assumes no responsibility whatsoever for the monitoring of
said services with respect to inappropriate content or conduct.
PornTube may choose, at its sole discretion, to monitor the PornTube
services at any time. PornTube assumes no responsibility for the
content, is effectively under no obligation to modify or remove
inappropriate content, and claims no responsibility for the conduct
of users submitting such content to its service. PornTube may review
and delete any user submissions that, in its sole judgment, violates
this Agreement or may be otherwise offensive or illegal, or violate
the rights, harm, or threaten the safety of any user or person not
associated with the Website (collectively "Inappropriate User
Submissions"). You are solely responsible for the User Submissions
that you make visible on the Website or to any third-party website
via an embedded player provided by the Website or any other material
or information that you transmit or share with other Users or
unrelated third-parties via the Website.

7. EMBEDDED VIDEO / PLAYER POLICY

PornTube allows/permits you to link to materials on the Website
for personal, non-commercial, entertainment purposes only. Moreover,
PornTube may provide an "Embeddable Player" feature, which may be
incorporated into your own personal, non-commercial websites for use
in accessing the materials found on the Website, provided that you
include a prominent link back to the PornTube website on the pages
containing the Embeddable Player. PornTube reserves the right to
discontinue any embeddable features of the website at any time. In
addition, users may not modify, build upon or block any portion of
the Embeddable Player in any way.

8. ACCOUNT TERMINATION POLICY

PornTube may terminate any user account at any time for
any reason.

PornTube reserves the right to decide whether content is
appropriate and whether it complies with these Terms of Service in
regards to violations other than copyright infringement or privacy
law, such as, but not limited to, hate crimes, pornography or
obscene or defamatory material. PornTube may remove such user
submissions and/or terminate a user's access for uploading such
material in violation of these Terms and Conditions at any time,
without prior notice and at its sole discretion.

9. ZERO TOLERANCE POLICY

PornTube abides by a ZERO TOLERANCE policy with regards to ANY
illegal activities. Child Abuse, Rape, Torture, Death and/or any
other type of illegal and/or obscene material shall not be tolerated
by the owners and operators of this website. PornTube pledges to
fully cooperate with all governmental agencies that seek information
on those who produce child pornography or willfully and meaningfully
break the law.

10. FEES

You acknowledge that PornTube reserves the right to charge for its
services and to change its fees from time to time at its discretion.
Furthermore, in the event that PornTube terminates your rights to
use the website in the event of a breach of this Agreement, you
shall not be entitled to a refund of any unused portion of
subscription fees.

11. WARRANTIES

You represent and warrant that all of the information provided by
you to PornTube, in order to participate in the website is accurate
and current and that you have all necessary rights, powers, and
authority to enter into this Agreement and to perform the acts
required of you herein.

As a condition to using PornTube, you must also agree to the terms
of the Privacy Policy and its modifications. You acknowledge and
agree that the technical processing and transmission of the website,
including your user submissions, may involve transmissions over
various networks outside of the control of the operators of this
network. You further acknowledge and agree that other data collected
and maintained by PornTube with regard to its users may be disclosed
solely in accordance with the PornTube Privacy Policy.

12. WARRANTY DISCLAIMER

You agree that your use of the PornTube website shall be at your
own risk. To the fullest extent permitted by law, PornTube, its
officers, directors, employees, and agents disclaim all warranties,
express or implied, in connection with the website and your use
thereof. PornTube makes no warranties or representations about the
accuracy or completeness of this site's content, with the exception
that all performers are at least 18 years of age, or the content of
any sites linked to this site and assumes no liability or
responsibility for any:

errors, mistakes, or inaccuracies of content,

personal injury or property damage, of any nature whatsoever,
resulting from your access to and use of our website,

unauthorized access to or use of our secure servers and/or any
and all personal information and/or financial information stored
therein,

interruption or cessation of transmission to or from our
website, (iv) any bugs, viruses, trojan horses, or the like which
may be transmitted to or through our website by any third party,
and/or

errors or omissions in any content or for any loss or damage of
any kind incurred as a result of the use of any content posted,
emailed, transmitted, or otherwise made available via the PornTube
website. Porntube does not warrant, endorse, guarantee, or assume
responsibility for any product or service advertised or offered by
a third party through the PornTube website or any hyperlinked
website or featured in any banner or other advertisement, and
PornTube will not be a party to or in any way be responsible for
monitoring any transaction between you and third-party providers of
products or services. As with the purchase of a product or service
through any medium or in any environment, you should use your best
judgment and exercise caution where appropriate. The foregoing
limitation of liability shall apply to the fullest extent permitted
by law in the applicable jurisdiction. You specifically acknowledge
that PornTube shall not be liable for the conduct of any third
party and that the risk of harm or damage from the foregoing rests
entirely with you.

13. LIMITATION OF LIABILITY

In no event shall PornTube, its officers, directors, employees, or
agents, be liable to you for any direct, indirect, incidental,
special, punitive, or consequential damages whatsoever resulting
from any:

errors, mistakes, or inaccuracies of content,

personal injury or property damage, of any nature whatsoever,
resulting from your access to and use of our website,

unauthorized access to or use of our secure servers and/or any
and all personal information and/or financial information stored
therein,

interruption or cessation of transmission to or from our
website,Any bugs, viruses, trojan horses, or the like, which may be
transmitted to or through our website by any third party, and/or

errors or omissions in any content or for any loss or damage of
any kind incurred as a result of your use of any content posted,
emailed, transmitted, or otherwise made available via the PornTube
website, whether based on warranty, contract, tort, or any other
legal theory, and whether or not the company is advised of the
possibility of such damages. The foregoing limitation of liability
shall apply to the fullest extent permitted by law in the
applicable jurisdiction. You specifically acknowledge that PornTube
shall not be liable for user submissions or the defamatory,
offensive, or illegal conduct of any third party and that the risk
of harm or damage from the foregoing rests entirely with you.

14. INDEMNITY

You agree to defend, indemnify and hold harmless PornTube, its
parent corporation, officers, directors, employees and agents, from
and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited
to attorney's fees) arising from:

your use of and access to the PornTube Website;

your violation of any term of these Terms of Service;

your violation of any third party right, including without
limitation any copyright, property, or privacy right; or

any claim that your user submissions caused damage to a third
party. This defense and indemnification obligation will survive
these Terms of Service and your use of the PornTube Website.

You affirm that you are over 18 years of age and competent to
enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service,
and to abide by and comply with these Terms and Conditions contained
herein.

15. ASSIGNMENT

The Terms and Conditions contained herein and any rights and
licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by PornTube without restriction. If any
term, clause or provision of the agreement is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity
shall not affect the validity or operation of any term, clause or
provision and such invalid term, clause or provision shall be deemed
to be severed from this Agreement.

16. JURISDICTION

This Agreement shall be governed by and construed in accordance
with the laws of Cyprus, without regard to conflicts of law
principles. The sole and exclusive jurisdiction and venue for any
action or proceeding arising out of or related to this Agreement
shall be in an appropriate court located in Limassol, Cyprus. You
hereby submit to the jurisdiction and venue of said Courts. You
consent to service of process in any legal proceeding.